Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Does A Corporate Dress Policy Trump Religious Dress Requirements?

A company that designs and manufactures automotive brake components, and its staffing agency, have just been sued by the EEOC for religious discrimination in hiring.  The facts and the issue are familiar to us, and give us a chance to review the law on accommodation of religious beliefs and practices. In this new case, the would-be…
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Must Hospital Accommodate Carpet-Allergic Employee?

A new federal ADA suit in Connecticut alleges that a hospital employee “began smelling strange odors emanating from the ventilation system in 2009.  The odors caused [her] to fall ill with symptoms that included swelling and redness in her eyes and nose, headaches, vertigo, nausea, a burning sensation in her lungs and throat, and difficulty breathing.” What…
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Chalk up one more basket of low hanging fruit for the EEOC

 By Richard Cohen, FisherBroyles Partner A physician-owned hospital in Arkansas was sued by the EEOC for refusing to accommodate a nurse who had a seizure.  She asked “to move to another position that did not involve direct patient care, or, in the alternative, a leave of absence until she could resume her nursing duties.” The hospital’s…
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Hospital Fires Disabled Therapist (Not Another Such Case!)

Not again! It is “ironic when a hospital, which is dedicated to caring for the health of its patients, ignores the medical concerns of an employee, refuses to even discuss providing a needed workplace modification, and instead fires him because of his disability.” As you know, I have said this often – in the form…
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Accommodate Religious Beliefs: Or Pay $42,500 To Settle

Once again the takeaway comes first today:   Unless it creates an undue burden, an employee’s religious practices and beliefs must be accommodated by an employer.   And seeking such an accommodation through an interactive process with the employee is a must. Moreover, and this is important: most religious accommodations are not unduly costly!  Which is why I am…
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EEOC Closes In On Claustrophobia As A Disability

Employers don’t be shocked – the “Takeaway” comes first today. Takeaway:  No matter what you think is or is not a disability, you place your company at risk if you don’t take seriously an applicant or employee who claims to suffer a disability, and fail to “interact” with that person to determine a reasonable accommodation. Claustrophobia As A Disability…
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Just Say No (To Blanket Drug Exclusions For Job Applicants)

Everyone (hopefully) knows by now that the Americans With Disabilities Act (“ADA”) prohibits discrimination – in hiring or in the terms and conditions of employment — on the basis of disability or perceived disability. What about drug tests administered to job applicants?  How do they fit in? “Even when drug tests are permitted under the…
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Stop the Stigma, and Repeat After Me: “I have a disability and these are the accommodations I need”

By:  Amy Epstein Gluck As Rosemarie Garland Thomson wrote in the NYT this Sunday, “this is a claim to inclusion and right to access resources.” You’ve heard me say this before (like, here), that one in four adults in the U.S. suffer from some type of mental disability, and that number is even higher for people…
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Can't Pee In The Cup? You Are Not Hired!

Well, here’s another healthcare employer that doesn’t read this blog.  Pity.  If it did it would likely not have had to shell out money to settle an EEOC lawsuit. Two things such an employer would have taken away: (1) the EEOC is always ready and eager to sue healthcare or medical personnel for disability law…
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"That's So 'Retarded!'" Stop Stigmatizing Those with Mental Impairments

By:  Amy Epstein Gluck “Ugh, why do you hang out with her?  She’s mental.” “Stop being psycho!” “You’re crazy!” Such language was ubiquitous in the 70’s and 80’s growing up in South Florida. I didn’t think anything of it.  Someone did something dumb or forgetful, it was “retarded.”  A display of high emotion from parents,…
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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

Amy Gluck Fisher Broyles